HB 473 - SB 841 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly March 1, 2025 Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564 HB 473 - SB 841 SUMMARY OF BILL: Requires any arresting authority to collect a DNA sample from a person arrested for any felony offense. Requires the arresting authority to send the DNA sample to the Tennessee Bureau of Investigation (TBI) for the purposes of DNA analysis. Requires the court or magistrate to make the collection of the DNA sample a condition for which the person may be released on bond or recognizance, if such is granted. Requires the clerk of the relevant court to notify the TBI of final disposition of the criminal proceedings. Requires the TBI to destroy the sample and all records of the sample if the defendant is acquitted at trial or the case is dismissed. Effective July 1, 2025, and applies to persons arrested for a felony offense occurring on or after that date. FISCAL IMPACT: STATE GOVERNMENT EXPENDITURES General Fund FY25-26 $3,398,100 FY26-27 & Subsequent Years $3,058,100 Total Positions Required: 9 OTHER FISCAL IMPACT Increasing DNA sample testing will result in an increase in the total number of individuals incarcerated in state and local facilities, as well as the length of time an individual is housed within a state or local facility. The extent and timing of any increases in state or local expenditures cannot reasonably be determined with any certainty, but could be significant. Assumptions: • Pursuant to Tenn. Code Ann. § 40-35-321(e)(1), DNA sample collection requirements as described above currently apply to violent felony offenses; the provisions of the proposed legislation expand existing DNA collection procedures to include all felony offenses. • Based on information provided by the TBI, the average number of DNA samples collected each year for those arrested for a violent felony is 14,564 over the past five years. HB 473 - SB 841 2 • Based on a previous analysis of statewide felony offenses conducted by the Fiscal Review Committee, it is reasonably assumed that, as a result of the proposed legislation, these DNA samples will be increased annually by an average of 60,000 into perpetuity. • Testing of these samples is performed at the TBI Jackson Lab. The cost of each collection kit is $9.14. The cost of testing consumables is calculated to be $25.41 per sample. Shipping to an outsourced lab is no longer required. To increase testing capacity, one piece of equipment will need to be purchased – a Thermo-Fisher AB 3500 XL genetic analyzer. The estimated cost for this machine, as provided by the TBI, is $250,000 in FY25-26. • The following costs would be applied to 60,000 additional DNA tests each year: o $9.14 per sample collection kit; o $25.41 per sample testing (consumables/supplies); and o $22,500 per 15,000 samples for RapidDNA verification. • The increase in recurring expenditures to test the additional sample kits is estimated to be $2,163,000, as follows: Expenditure Total Cost Sample Collection Kit $ 548,400 Sample Testing $ 1,524,600 RapidDNA Verification $ 90,000 Total $ 2,163,000 • The TBI will require nine additional positions: 4 Forensic Tech positions and 5 Forensic Scientist positions. • There will be a recurring increase in state expenditures related to salaries and benefits estimated to be $895,147 as follows: Title Salary Benefits Positions Total Forensic Tech $67,656 $19,252 4 $347,632 Forensic Scientist $87,036 $22,467 5 $547,515 Total: $895,147 • There will be additional one-time expenditures of approximately $10,000 per position resulting in an increase of $90,000 in FY25-26. • The increase in state expenditures is estimated to be $3,398,147 ($250,000 DNA machine + $2,163,000 testing costs + $895,147 salaries + $90,000 onboarding) in FY25-26. • The increase in state expenditures is estimated to be $3,058,147 ($2,163,000 testing costs + $895,147 salaries) in FY26-27 and subsequent years. • Local law enforcement is estimated see an increase in the number of persons required to provide DNA samples, which could lead to increase in personnel and operation costs. Any increase is considered to be not significant for each individual local law enforcement agency. • Increasing the number of DNA samples collected by 60,000 annually will result in significant fluctuations in individuals housed in state and local facilities. It may also HB 473 - SB 841 3 increase the length of time an individual could be housed within a facility. Due to a number of unknown factors, this increase cannot be reasonably quantified but could result in significant costs in future years. • It is assumed that court clerks will be able to notify the TBI of the final dispositions of the relevant criminal proceedings within existing resources as they currently do for violent felony offenses; therefore, any fiscal impact to the clerks’ offices is estimated to be not significant. • It is assumed that the TBI can destroy the DNA samples and records of such samples from defendants who have been acquitted at trial or had their charges dismissed without requiring additional resources. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director